Sales Executive Employment Agreement

Sales Executive Employment Agreement

This Sales Executive Employment Agreement (the Agreement) is entered into as of by and between Employer Name: and Employee Name: .

Personal Information

Position Information

Anticipated Start Date:   Salary (annual): $   Pay Frequency:

Compensation and Commissions

Employer agrees to pay Employee the base salary identified above. In addition, Employee shall be eligible to earn commissions as set forth in the Commission Plan described below. Commissions shall be calculated in accordance with the written Commission Plan and are subject to the conditions and clawback provisions stated herein.

Commissions are earned when revenue is recognized by Employer and are payable within days following recognition, subject to adjustments for returns, chargebacks, credits, or nonpayment. Employer may offset or reclaim commissions for which Employer remains liable following termination or reversal of transactions.

Benefits; Expenses; Taxes

Employee shall be eligible to participate in Employer benefit programs in accordance with applicable plan documents and Employer policies. Employer will reimburse reasonable, documented business expenses incurred by Employee in the performance of duties, subject to Employer's expense policy and advance approval where required.

Duties and Performance

Employee agrees to devote substantially all of Employee's working time, ability, and attention to the performance of duties for Employer and to perform such duties faithfully, diligently, and in good professional manner consistent with the best interests of Employer. Employer may assign reasonable additional duties and targets from time to time.

Confidentiality; Inventions; Intellectual Property

Employee will at all times protect and keep confidential Employer's proprietary information, trade secrets, client lists, pricing, and marketing strategies. Employee assigns and agrees to assign to Employer all right, title, and interest in inventions, discoveries, works of authorship, or improvements conceived or reduced to practice during the term of employment that relate to Employer's business or actual or demonstrably anticipated research or development.

Non-Competition; Non-Solicitation

For the protection of Employer's legitimate business interests, during employment and for a period of following termination, Employee shall not directly engage in competing sales activities within a geographic area of of Employer's principal place of business. Employee further agrees not to solicit Employer's customers or attempt to hire current employees for a period of .

These restrictions are subject to applicable law and are intended to be reasonable in scope and duration. If any restriction is held to be unenforceable, a court may modify it to the maximum scope permitted.

Termination

Employment is at-will and may be terminated by either party at any time, with or without cause, and with or without prior notice, except where otherwise provided herein. Termination for Cause shall include material breach, willful misconduct, gross negligence, fraud, or conviction of a felony materially related to Employee's duties.

Return of Property; Post-Termination Obligations

Upon termination, Employee shall promptly return all Employer property, documents, customer lists, devices, and confidential information. Employee's post-termination obligations under confidentiality, non-solicitation, non-competition, and assignment provisions shall survive termination.

Employment History

Employer 1

From to

Employer 2

From to

Education

References

Reference 1

Reference 2

Reference 3

Legal Disclosures

At-Will Employment: Nothing in this Agreement shall be construed to alter the at-will nature of the employment relationship unless a written amendment signed by an authorized representative of Employer expressly states otherwise.

Equal Opportunity: Employer is an equal opportunity employer. Employment decisions are made without regard to protected characteristics and in compliance with applicable law.

Background Check and Authorization

Employee authorizes Employer to obtain consumer reports, background checks, and to contact prior employers and references for purposes of verifying the information provided and assessing Employee's suitability for the position. Employee represents that the information supplied in this Agreement and any accompanying forms is true and complete.

Dispute Resolution; Governing Law

Any dispute arising out of or relating to this Agreement shall be governed by the laws of the state identified below without regard to conflict of law principles. The parties agree to first attempt to resolve disputes through good faith negotiation. If unresolved, the dispute shall be submitted to final and binding arbitration in the county where Employer's principal place of business is located, unless otherwise agreed in writing.

Miscellaneous

Entire Agreement: This Agreement, including referenced exhibits and plans, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements. Amendment: This Agreement may be amended only by a written instrument signed by both parties. Assignment: Employer may assign this Agreement; Employee may not assign rights without Employer's prior written consent.

Applicant Certification

I certify that I have read and understand this Agreement, that the information provided is true and complete, and that I agree to comply with Employer policies. I understand that employment is at-will unless modified by a written agreement signed by Employer's authorized representative.

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